Hitesh Coal Traders v. Dhanalaxmi Fabrics Limited

M6. EXA 1793-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO. 1793 OF 2024 Hitesh Coal Traders ...Claimant V/s.

Dhanlaxmi Fabrics Limited

...Respondent

Mr. Feroz Patel with Mr. Sandeep Kumar i/b Rucha Jog for the Claimant Ms. Kenya Bhavsar with Mr. Balaji Harish Iyer i/b Ajay Kumar for the Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

23rd JUNE, 2025 P.C. :

1.

Mentioned. Not on board.

2.

Ms. Bhavsar, learned Counsel appears for the Respondent - Award Debtor and submits that her client would be depositing Rs. 15 lacs with the Prothonotary & Senior Master by the end of tomorrow towards the decretal amount along with interest and costs and that, therefore, this Court may stay the execution proceedings which are under way with the assistance of the police protection. Digitally signed by NIKITA YOGESH GADGIL Date:

2025.06.23 19:49:31 +0530 NIKITA YOGESH GADGIL 3.

Mr. Patel, learned Counsel appears for the Claimant and submits that instead of depositing the money in the Court, let the amount be ordered to be paid to the Claimant.

Nikita Gadgil 1/2

M6. EXA 1793-24.doc 4.

Ms. Bhavsar submits that this Court may direct depositing the amount in this Court and subsequently an application can be made by the Claimant for withdrawal of the same.

5.

Having heard the learned Counsel and having considered their submissions, this Court is of the view that subject to deposit of the Demand Draft of Rs. 15 lacs in favour of the Prothonotary & Senior Master with the Prothonotary & Senior Master by the end of tomorrow, the subject execution proceedings be stayed. Ordered accordingly. 6.

Ms. Bhavsar is also aggrieved that the execution proceedings have not been served upon them.

7.

Let the execution proceedings be served upon the Respondent within a period of one week.

8.

Praecipe to accordingly stand disposed.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2